Legal Opinion

George P. Gwinett v. Albatross S.S. Co., Inc., and Astra Steamship Corporation

Court of Appeals for the Second Circuit

Decided April 12, 1957No. 24118_1PublishedCited by 5 opinions

1Per curiam

The plaintiff was instructed to repair a generator without assistance from others. In so doing he injured himself by lifting a part of the machine which on a prior occasion he had handled without injury. The first cause of action was based on negligence in causing this injury.

The appellant contends that it was erroneous to charge the jury that under the Jones Act, 46 U.S.C.A. § 688 negligence should be based on the foreseeability of harm and that it should measure conduct by what a reasonable man would do. Instead, appellant contends, the jury should have been instructed that the work order…

2Cases cited9 opinions

  1. Palmer v. HoffmanSupreme Court of the United States · 1943
  2. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
  3. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
  4. Ferguson v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1957
  5. De Zon v. American President Lines, Ltd.Supreme Court of the United States · 1943

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Frank Pruett v. Robert Ellington MarshallCourt of Appeals for the Fifth Circuit · 1960
  2. Trahan v. Superior Oil Co.District Court, W.D. Louisiana · 1962
  3. Tyrill v. Alcoa Steamship CompanyDistrict Court, S.D. New York · 1960
  4. Brown v. Stanwick Intern., Inc.District Court of Appeal of Florida · 1979
  5. Ward v. United States Fidelity & Guaranty Co.Supreme Judicial Court of Maine · 1989

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